Published: November 09, 2009 05:13 pm      

Victim’s family upset with plea deal

Prosecutor says family can speak at sentencing hearing

The mother and stepfather of a Pekin man killed in a 2006 shooting say the first they heard about a plea agreement being reached in the case was when they read the newspaper Friday morning.

Thomas R. Gunter Jr., 25, pleaded guilty in Floyd County Superior Court No. 1 on Thursday to class A felony voluntary manslaughter. Gunter admitted to shooting 21-year-old Jeremy W. Gibson on Dec. 8 outside Carriage House Apartments in New Albany. Gibson was shot once in the chest and was pronounced dead later at University Hospital in Louisville.

“I don’t want to set no plea with that guy,” said Jeffrey Mitchell, Gibson’s stepfather. “Twenty years? He’ll still have a life [after being released from prison].”

The plea agreement calls for a 20-year sentence at the Indiana Department of Correction.

Floyd County Prosecutor Keith Henderson would not comment specifically on any discussions between his office and the victim’s family, but said every case is handled in the same way. “We always work with the victim’s family or survivor and arrange meetings, and that’s been no different in this case,” he said.

Under Indiana Code, the family of a deceased victim is supposed to be notified of a plea agreement, but an agreement can be reached even if the family does not agree to it.

Henderson said Gibson’s family would have a chance to make a statement at the sentencing hearing, but he has no plans to change the plea agreement because the family is upset.

“A plea has been entered and a sentencing date has been set,” Henderson said.

Either the prosecution or defendant can withdraw from the plea agreement before it is accepted by the judge.

A sentencing hearing has been set for Dec. 10 before Judge Susan Orth.